Victim X Through Legal Guardian vs State Of Madhya Pradesh

NEUTRAL CITATION NO. 2026:MPHC-IND:25059
1 WP-37103-2026
IN THE HIGH COURT OF MADHYA PRADESH
AT INDORE

BEFORE
HON'BLE SHRI JUSTICE SANDEEP N. BHATT
th
ON THE 8 OF SEPTEMBER, 2026
WRIT PETITION No. 37103 of 2026
VICTIM X THROUGH LEGAL GUARDIAN
Versus
STATE OF MADHYA PRADESH AND OTHERS
Appearance:
Shri Pranay Joshi - Advocate for the petitioner.
Mrs. Pranjali Yajurvedi appearing on behalf of Advocate General.
ORDER
Heard counsel for the parties.
Pursuant to the earlier order passed by this Court, today the report is
submitted by the Head of the department, Department of Obstetrics &
Gynaecology MTH Hospital MGMMC Indore dated 08.09.2026. The said
report is taken on record.
3. Perused the report dated 08.09.2026 of the concerned medical
Board. The Medical Board has opined that pregnancy can be terminated
though the fetus is of 27 weeks and 6 days pregnancy, with the permission of
the Court.
4. Considering the report dated 08.09.2026, no further report is
required as it is coming on record that victim was examined by Medical
Board and as per the opinion of doctors, the termination of pregnancy is
possible and as per opinion, it is also found good.
Signature Not Verified
Signed by: JYOTI
CHOURASIA
Signing time: 08-09-2026
17:21:24

NEUTRAL CITATION NO. 2026:MPHC-IND:25059
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5. The Division Bench of this Court in W.P.No.5184/2025 (In Ref.

(suo motu) Vs. State of Madhya Pradesh and others) dated 20.02.2025 has
given following directions :-
"(b) SOPs to be followed in case where the age of
foetus/pregnancy of survivor of sexual assault or rape or
incest is exceeding 24 Weeks:-
Whenever a case of rape is registered at any police station, the
following procedure shall be adopted:-
(i) |The SHO of the said police station, on the basis of the
MLC of the victim indicating that she is pregnant and the
pregnancy is more than 24 weeks, shall forthwith forward the
victim to the concerned District Court, preferably Special
Judge/POCSO;
(ii) The learned Judge of the District Court preferably Special
Judge/POCSO), regardless of any application for termination
of pregnancy, though not maintainable, filed before it or not,
shall refer the victim to the concerned medical officer/Board to
expeditiously submit its report, if the pregnancy of the victim
can be terminated;
(iii) The District Court, preferably Special Judge/POCSO after
obtaining the said medical report, under intimation to the
victim and her parents, directly refer such case and report to
the nearest Registry of the High Court;
(iv) The Registry of High Court, in turn, shall register such
reference as a Writ Petition under Article 226 of the
Constitution, Suo Motu, and list the matter immediately before
Signature Not Verified
Signed by: JYOTI
CHOURASIA
Signing time: 08-09-2026
17:21:24

NEUTRAL CITATION NO. 2026:MPHC-IND:25059
3 WP-37103-2026
the concerned Bench having the roster, so that appropriate

orders regarding termination of pregnancy can be passed by
the High Court without any undue delay;
(v) If directed by the High Court that termination of pregnancy
is required then, the procedure of termination of pregnancy
will be carried out in the presence of the expert team of
doctors. The expert doctors will explain to the family members
as well as the petitioner the risk of getting the termination of
her pregnancy and also other factors;
(vi) Every care and caution will be taken by the doctors while
terminating the pregnancy. All medical attention and other
medical facilities including that of a presence of a Pediatrician
as well as a Radiologist and other required doctors will be
made available to the victim;
(vii) The post operative care, upto the extent required, will be
extended to the victim;
(viii) The doctors will ensure that a sample from the fetus is
protected for DNA examination and will be handed over to the
prosecution for using in the criminal case.
14. Needless to mention here that nothing in the aforesaid
SOPs shall be construed as to abridge or limit the power of the
concerned medical officer/Board to terminate the pregnancy in
the cases where the termination of pregnancy of woman is
necessitated in accordance with the provisions of the Section
Signature Not Verified
Signed by: JYOTI
CHOURASIA
Signing time: 08-09-2026
17:21:24

NEUTRAL CITATION NO. 2026:MPHC-IND:25059
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3(2B) and Section 5(1) or other applicable provisions of the

Medical Termination of Pregnancy Act, 1971.
15. It is also directed that any forensic evidence/foetus
collected in the course of termination of pregnancy must be
preserved for DNA profiling or other investigative purposes in
the same manner as provided unde rRule 6(6) of the Protection
of Children from Sexual Offences Rules,2020.
16. It is further directed that the privacy of the victim be
maintained strictly in view of statutory provisions of Section
5A of the Medical Termination of Pregnancy Act 1971."
6. It is relevant to reproduce the Section 3 (2) of the Medical Termination
of Pregnancy Act, 1971 prescribes as under :
3. When Pregnancies may be terminated by registered medical practitioners.-
(2) Subject to the provisions of sub-section (4), a pregnancy may be terminated by a
registered medical practitioner,-
(a) where the length of the pregnancy does not exceed twelve weeks if such
medical practitioner is,
or
(b) where the length of the pregnancy exceeds twelve weeks but does not
exceed twenty weeks, if not less than two registered medical practitioners
are.
Rule 3B of the Medical Termination of Pregnancy Rules, 2003 is
reproduced hereunder for the sake of reference.
3B. Women eligible for 'termination of pregnancy upto twenty-four -weeks.—
The following categories of women shall be considered eligible for termination of
pregnancy under clause (b) of sub-section (2) of Section 3 of the Act, for a period of up to
twenty-four weeks, namely —
(a) survivors of sexual assault or rape or incest;
(b) minors;
{c) change -of marital status during the ongoing pregnancy (widowhood and
divorce);
(d) women with physical disability [major disability as per criteria laid down under
Signature Not Verified
Signed by: JYOTI
CHOURASIA
Signing time: 08-09-2026
17:21:24

NEUTRAL CITATION NO. 2026:MPHC-IND:25059
5 WP-37103-2026
the Rights of Persons with Disabilities Act, 2016. (49 of 2026)]
(e) mentally ill women including mental retardation;
{f) the foetal malformation that has substantial risk-of being incompatible with life
or if the child is born it may suffer from such physical or mental abnormalities to be
seriously handicapped; and
(g) women with pregnancy in humanitarian settings or disaster or emergency
situations as may be declared by the-Government:] .

7. It is also relevant to note that in view of the judgment of Hon'ble
Apex Court delivered in the case of X Vs. Principal Secretary, Health and
Family, reported in 2023 (9) SCC 433, para nos. 94, 101 and 114, which are
reproduced as under :

94. Rule 3-B(c) states that a “change in the marital status during the ongoing
pregnancy (widowhood and divorce)” renders women eligible for termination
of their pregnancy under Section 3(2)(b) of the MTP Act. The impact of the
continuance of an unwanted pregnancy on a woman's physical or mental
health should take into consideration various social, economic, and cultural
factors operating in her actual or reasonably foreseeable environment, as
provided in Section 3(3). The rationale behind Rule 3-B(c) is comparable to
the rationale for Rule 3-B(g) i.e. a change in a woman's material
circumstances during the ongoing pregnancy.
(i) The right to reproductive autonomy
101. The ambit of reproductive rights is not restricted to the right of women to
have or not have children. It also includes the constellation of freedoms and
entitlements that enable a woman to decide freely on all matters relating to
her sexual and reproductive health. Reproductive rights include the right to
access education and information about contraception and sexual health, the
right to decide whether and what type of contraceptives to use, the right to
choose whether and when to have children, the right to choose the number of
children, the right to access safe and legal abortions, and the right to
reproductive healthcare. Women must also have the autonomy to make
decisions concerning these rights, free from coercion or violence.
114. A woman can become pregnant by choice irrespective of her marital
status. In case the pregnancy is wanted, it is equally shared by both the
partners. However, in case of an unwanted or incidental pregnancy, the
burden invariably falls on the pregnant woman affecting her mental and
physical health. Article 21 of the Constitution recognises and protects the
right of a woman to undergo termination of pregnancy if her mental or
physical health is at stake. Importantly, it is the woman alone who has the
right over her body and is the ultimate decision-maker on the question of
whether she wants to undergo an abortion.
Signature Not Verified
Signed by: JYOTI
CHOURASIA
Signing time: 08-09-2026
17:21:24

NEUTRAL CITATION NO. 2026:MPHC-IND:25059
6 WP-37103-2026


8. Considering the totality of facts and circumstances of the case and
the observations as reproduced above, the permission is granted by directing
the concerned doctors to perform the procedure after fresh verification about
the physical as well as mental fitness of the victim and thereafter necessary
procedure shall be performed by keeping in mind the guidelines given by
the Hon'ble Division Bench in W.P. No. 5184/2025(In Ref. (suo motu) Vs.
State of Madhya Pradesh and Others).
9. Let the procedure be carried out as expeditiously as possible
preferably within a day or two day from today and also keeping in mind the
criminal offence is registered in the matter. Therefore, necessary procedure
to preserve the DNA samples of fetus and other aspects will also be taken
care of in appropriate manner so that the interest of justice will also serve
accordingly.
10. With the above direction, present petition is disposed off by
granting permission for termination of pregnancy.
11. A copy of the this order be provided to counsel for State for
necessary compliance.
(SANDEEP N. BHATT)
JUDGE
jyoti

Signature Not Verified
Signed by: JYOTI
CHOURASIA
Signing time: 08-09-2026
17:21:24